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  1. #1

    Default Deferred Sentence Still On Criminal Record

    heres my story:

    A year ago i shoplifted, and had a deferred sentence for 12 months. I complied with all of the conditions of the deferrment.

    It is now 13 months past the court date, I had a background check done, and the theft charges are still on my record.

    Why is this?

    After successful completion of the probation period for the deferred conviction shouldnt my record be clean? (like it was never there)

    My understanding was that after one year of the court date, if i followed all of the outlines set by the judge (which i have), I would have a "clean slate".

    such that, when a background check is being done, nothing bad will show up...

    is it possible they just havent taken this off my record yet???


    Thanks for any of your help.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Deferred Sentence Still On Criminal Record

    You chose not to identify your state, so you can't get a specific answer.

    Generally speaking, if you successfully complete a deferment you are not convicted of the offense. That doesn't mean that you weren't arrested or charged, and the fact of the arrest, charge, and disposition (deferment) can remain on your record.

  3. #3

    Default Re: Deferred Sentence Still On Criminal Record

    im from washington state.

    i was applying for an apartment...and they did a background check.
    i was not worried of anything showing up because it has been over a year since the court day...
    i called the apartment back on why i hadnt recieved a call back yet.

    and she replied "your background check showed a misdemeanor for theft".

    my theft was the third degree.

    but since completing my one year probation for deferment, my background check shouldnt have had a misdemeanor on it right?

  4. #4

    Default arrest history...please help!

    Hi,

    I have completed my one year probation for theft in washington state and have had the misdemeanor deferred....

    here are my questions:

    1) will the theft show up on background checks?

    2) will my arrest history show up on background checks?

    and if so, is there any way to get the arrest/theft charges "deleted" from my records??

    ie: expungment???

    any help is much appreciated!!!

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: arrest history...please help!

    The Northwest Women's Law Center offers a guide (PDF format) to clearing a Washington State criminal record.
    Quote Quoting Vacating Records of Misdemeanor Convictions
    Who Can Do This

    A misdemeanor is generally an offense punishable by a fine of no more than $1000 and up to 90 days in jail. A gross misdemeanor is a crime punishable by no more than a $5000 fine and up to one year (365) days in jail.

    You can file a motion to vacate your conviction if:
    • at least three years have passed since you completed your sentence (including probation); and
    • you have no pending criminal charges or new convictions; and
    • you have satisfied all of the conditions of your sentence

      Except, you cannot request that your conviction be vacated if:

    • your offense or attempted offense was violent, as defined in RCW 9.94A.030 or
    • your offense involved driving while intoxicated or a related offense or
    • your offense was a sex offense or
    • you had a different conviction vacated before this or
    • you have been the subject of a protection, no contact, or restraining order within the past five years.

    Check the state statute or local law you were convicted under carefully to see if your crime is included in the list above. There are additional requirements that must be met if your crime was defined as a domestic violence crime.

    How To Do This

    If you have a misdemeanor or gross misdemeanor conviction that is affecting you, you need to petition the court where the conviction was entered.

    You need to use the forms provided by the court. You can get the state forms from the Administrative Office of the Courts (see Resource List). You need to contact the local court that handled your case to make sure you have the information necessary to fill out the forms, that the same forms provided by the state are the only documents they will require (some require a copy of your criminal record), the number of copies you will need, and the procedure they use for getting your request heard and decided.

    You will need to provide notice to and a copy of the motion to the prosecutor's office that handled the matter. That notice includes a hearing time. You need to ask court staff how, when and where the hearing is held. Also ask them if the instructions you found are the only court procedures you need to be aware of.

    This request can be made only once in a lifetime, so make sure you have requested all of the relief you are entitled to, for each crime you qualify for. Remember the court has the choice to grant or deny the motion.

    What Will the Result Be?

    If the court grants your motion and signs the order, you may say you have never been convicted of that crime. The information cannot be included in your criminal history, but can be used for some purposes in a later prosecution. The court is supposed to send notice of the order to the Washington State Patrol. You may want to send other copies of the order, certified by the clerk of the court after the judge signs it, to other law enforcement agencies that may have these records.

    Sealing the record does not necessarily restore your right to own or possess firearms. There are strict additional limitations under different federal and state laws. You should consult a lawyer regarding if and how you can restore this right in compliance with both state and federal law because a firearms violation is a very serious crime.

    Where to Find More Information

    Read the statute, RCW 9.96.060. Refer to the forms and the "Guide on When and How to Seal, Vacate, or Expunge” available from the Administrative Office of the Courts. Instructions are included with the forms, but each court has their own rules and procedures that may require additional action, documents and copies, so you will also need to check with the specific court.

  6. #6

    Default Re: Deferred Sentence Still On Criminal Record

    im sorry i think you are misunderstanding my case.

    I was never convicted of anything, I had a deferred sentence based on the fact of my good record, and was given one year of good standing to have it deferred. which i did.

    but when my background check was done, a misdemenour for theft showed up.
    and i was wondering if, even thought i was never convicted of anything, if the arrest record can somehow be expunged....

    im getting quite confused...ive read other threads and im just not sure if I had it deferred if anything can still be expunged...
    again i am from washington state.

    thanks.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Deferred Sentence Still On Criminal Record

    You asked about expungement, so you got information about expungement. Go figure.

  8. #8

    Default Re: Deferred Sentence Still On Criminal Record

    i know.
    but that was expungement for a misdemenour conviction...

    does the same apply even if i was never convicted? but deferred instead?

    sorry for any misunderstandings.

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Deferred Sentence Still On Criminal Record

    I think this may be what you're looking for, even if not quite the answer you want:
    Quote Quoting DELETION OR EXPUNGEMENT
    You may request deletion or expungement of CHRI [criminal history record information] in the WSP [Washington State Patrol] if: (1) the file consists only of non-conviction data; (2) you are not under prosecution and you have not been arrested for or charged with a new crime; and either (3a) two years or longer has elapsed since the record became non-conviction data as a result of the entry of a disposition favorable to you, or (3b) three years or longer have elapsed from the date of arrest or filing of charges and you are not a fugitive and the case is not still pending in court.

    Information regarding how to make a request for deletion or expungement of criminal record information may be obtained from the WSP. Following the WSP's procedure will not delete or expunge CHRI in the possession of a local police agency. A separate request must be made to the local (arresting) police agency in accordance with that agency's procedure.

    You may not obtain the deletion or expungement of a record related to a case that resulted in a conviction or other disposition adverse to you. Examples of dispositions that are adverse to you include the entry of an order to dismiss entered after the successful completion of a period of probation, suspension, or deferral of sentence. However, when the superior court has vacated your felony conviction, the public will not have access to information about the conviction in your CHRI.

  10. #10

    Default Re: Deferred Sentence Still On Criminal Record

    this information may seem simple but im still a little confused...

    for number (1) if says non-conviction data....isnt that me???

    and if not...

    why doesnt non-conviction data apply to a deferral sentence?

    thank you so much!

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